Mackenzie Hall scare tactics

ella_minnow

I've been reading some previous information on this site about Mackenzie Hall debt collection agency, just wonder if anyone can clarify some information for me.

First of all, I wish I'd googled them when I got the letter, which demanded I call them about an old debt (between £1000 and 2000) from student days in my irresponsible 20's, over 10 years ago. I haven't been in debt since and am generally careful these days about what I spend being a single mum of two, so, having actually forgotten about the debt with so much life under the bridge (which I'm not excusing!), and out of fear I called them instantly. Was bombarded with questions about what I earn and what I own, ie. do I have a computer, a car, what value, etc.., in a not very pleasant way. The girl told me she wasn't there to answer my questions, and told me I'd go to court at my own cost if I didn't pay in full.

They gave me a week to go away and see what I could raise and it was then it occurred to me to google the company. I was not aware of the 6 year statute of limitations, but my question is, now that I have held my hands up to the debt (and expressed a willingness to try and pay it), have I reopened the case and made myself liable.

Zebedee69

Hello Ella,

This is a tough one as the 6 years starts from when you last admitted you owed the debt. The phonecall from yourself to the creditor can be classed as evidence of establishing contact which they also need.

There are two things you would need to do.

- Check there are no CCJ's registered for this debt (check your experian, My call credit and eqifax credit files.

If there is no CCJ for the debt then the creditor has no real right to pester you. Ring them and say you have no intention to pay the debt and if they continue to make contact after this you may be entitled to claim harassment contrary to Section 40 (I think its section 40:rolleyes: ) of the Administration Justice Act 1970.

If there is a CCJ then the creditor will have to apply for the permission of the county court to persue the debt.

The most important thing was to not admit to the debt. Also make no offer to repay or make payment because this is seen as an admission of the debt in itself. In this case the Limitations Act is worthless and you have to pay back.

Sorry for a long post (((Big Hug))) hope it helps!

Zebedee

rog2

Hi ella - I see that you have been, or are about to be, yet another victim of the sub-culture that is Mackenzie Hall.
The fact that you 'discussed' the 'alleged debt' on the phone with these scavenging vultures does NOT constitute any re-establishment of contact.
Provided that you have made no payment towards or acknowledged the debt in writing for a period of 6 years means that the debt is covered by the Limitations Act 1980 and is statute barred.
This means that, once you have told the original creditor, or his agents, that you will no longer be paying the debt, because it is statute barred (the ONLY reason you need give) then they can no longer pursue this debt through the courts, and should, according to the OFT Debt Collection Guidelines, cease any further attempts to collect this debt from you.
ONCE A DEBT BECOMES STATUTE BARRED IT REMAINS STATUTE BARRED
Contact, written or otherwise, after the six year period does not 're-start' the cycle.
And anyway, in your case the contact was by telephone - not in writing - so it would not have counted anyway.
The fact that a 'debt' is statute barred does not, surprisingly, mean that these pond-life can not ask you if you would like to pay the debt, and Mackenzie Hall will be relying on the fact that you, in common with 99.99% of the general population, are unaware of the protection that the Limitations Act affords you. Of course, if you wish to pay this debt, for which MH have probably paid peanuts, then Mr Paul Mackenzie will be very grateful for your contribution towards his 'Bentley' fund.
ALL you need do is to tell Mackenzie Hall that you will NOT be making any payment towards this debt and they MUST leave you alone.

To do this, you need to send the template letter that you will find on the following link:

http://www.nationaldebtline.co.uk/england_wales/temp/5907_48921.pdf

To see how the scum at Mackenzie Hall should be conducting their business see the following:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Hope this helps.

Edit: If National Debtline letter link does not work (they keep changing) go to http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6 and click on 'sample letters' then scroll down till you get to the letter which states 'where no contact has been made for six years'.
I don't know why NDL links are so difficult - it's an excellent website and full of good advice - but there you go.

RAS

Ella

Rog is absolutely right. Talking to this mob does not constitute acknowledgement of the debt.

If you have not yet paid, then the 6 year rule applies. Tell them to get lost, as per rog's instructions.

And even if you have paid, knowing MH, it is very unlikely that they have documentation required to pursue the debt anyway. We have helped folk on here who have paid off old debt unknowingly and been able to stop further collection.

They are breaking all sorts of OFT Guidelines and it is likely that will break some more before you close this saga, so do come back when they respond. The current favourite seems to be advising the "debtor" that even if there is no legal obligation to pay, they are morally obliged to cough up. Given the moral standinmg of this mob, I suggest ignore this piece of blackmail.

ella_minnow

Thanks for all your replies on this one guys. I also contacted Debt Helpline, who directed me to a standard statute barred letter, which I sent.

MH have now taken to texting me asking me to call immediately. This morning they have actually texted my landline with the same message. Is this harrassment? It feels like it.

rog2

ella_minnow wrote: »

MH have now taken to texting me asking me to call immediately. This morning they have actually texted my landline with the same message. Is this harrassment? It feels like it.

Quite simply - YES. Report them first to the Trading Standards Office, and if they do nothing, you can report them to the fsa (Financial Services Association) and the Police as they are now committing a criminal offence.